Professional Documents
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11-12
Commission which shall be effective for a period of five (5) years from
issuance thereof;
.
c) LEVY - the act of taking possession, actual or constructive, by the sheriff or
duly designated officer, of sufficient property of the losing party or of the'
appeal bond posted by the latter to satisfy the decision, order or award.
d)
f) THIRD PARTY CLAIM - a claim whereby a person, not a party to the case,
asserts title or right to the possession of levied or garnished property. (4a)
RULE II
THE SHERIFF
SECTION 1. Duties. - The Sheriff shall serve all writs within three (3) days
from receipt of the same, execute all processes and carry into effect any
judgment herein. A sheriff is a ministerial officer who is an agent of the law.
The Sheriffs function is limited to the full implementation and complete
satisfaction of the decisions, orders, awards or jUdgments.
Any settlement attempts or settlement entered into by the parties shall be
referred by the Sheriff to the Commission or the Labor Arbiter who issued the
writ.
In no case shall the Sheriff conciliate or take part in any settlement
proceedings during enforcement. (1a)
SECTION 2. Norm of Conduct. - The Sheriff of the Commission must at all times
conduct himself in an upright manner, with utmost dignity. integrity and
professionalism. His first and primary duty is to implement the writ of execution,
processes and other orders strictly in accordance with the terms thereof. (3a)
SECTION 3. Control and Supervision Over the Sheriff. - The Commission or Labor
Arbiter issuing the writ shall have full control and supervision over the sheriff assigned
to enforce the same. (7a, Rill)
SECTION ~. Responsibility and Bond. - Only bonded sheriffs may serve writs of
execution involving the taking, holding or delivering of money or property in trust for the
prevailing party. The bond of the sheriff as required by law shall be determined by the
Commission conditioned, among others, for the delivery or payment to the government
or persons entitled thereto of all property, real or personal, that may officially come into
his control and custody. (2a)
RULE III
THE WRIT OF EXECUTION
SECTION 1. Execution Upon Final Judgment or Order. - A writ of execution
may be issued motu proprio or on motion upon a decision or order that has
become final and executory. (1a)
SECTION 2. FORM AND CONTENTS OF A WRIT OF EXECUTION. .: The form,
contents and effectivity of the writ shall be in accordance with Rule XI. Section 7.
(2a)
SECTION 3. ISSUANCE OF WRIT. The Commission or Labor Arbiter shall, motu
proprio or upon motion of any interested party, issue a writ of execution on a judgment
only within five (5) years from the date of entry of judgment or issuance of certificate
of finality. (4a)
or
a)
In the event of failure or refusal of the losing party to pay the judgment
award, the Sheriff shall enforce the judgment award in the following order:
1. Cash bond
2. Bank deposits
3. Surety bond
c)
Should the cash bond or surety bond be insufficient, the Sheriff shall,
within five (5) days from demand, execute the monetary judgment by
levying on the personal property, and if insufficient, the real property of
the losing party not exempt from execution, sufficient to cover the
judgment award, which may be disposed of for value at a public auction to
the highest bidder.
d)
e)
f)
delivery, by leaving with the person or his agent, owing such debts or credits, or
having in his possession or under his control, other personal property, a copy of the
decision, order or award, and notice that the debts owed by him to the party against
whom the levy is issued, and the credits and other personal property not capable of
manual delivery in his possession, or under his control, belong to the party against
whom the levy has been issued.
d) The interest of the losing party against whom levy is issued in property
belonging to the estate of a decedent, whether as heir legatee or devisee, by serving to
the executor or administrator or other personal representative of the decedent a copy of
the decision, order or award and a notice that said interest is levied. A copy of said
decision, order or award, and notice shall also be filed with the Office of the Clerk of
Court in which said estate is being settled and served upon the heir, legatee or devisee
concerned.
If the property sought to be levied is in custodia legis, a copy of the decision, order or
award, and notice shall be filed with the proper court, and notice of levy served upon the
custodian of such property. (1a)
SECTION 2. Garnishment. - Garnishment is effected by the sheriff or authorized
officer by serving a notice thereof to the third party who has possession or control of
such money, goods, chattels and/or any interest therein, belonging or owing to the
losing party directing or requiring him (garnishee) to hold the same subject to further
orders from the Commission or Labor Arbiter who issued the writ. Where the property
garnished consists of money deposited with a bank or third party, the Commission or
Labor Arbiter shall order that the same shall only be released to the cashier of the
NLRC. (2a)
SECTION 3. Levy on Real Property. - Real property or any interest therein may
be levied in the following manner:
a) Real property, or growing crops thereon, standing upon the records of the
register of deeds of the province or city in the name of the party against whom levy is
issued, not appearing at all upon such records, by filing with the register of deeds a
copy of the decision, order, or award, together with a description of the property levied,
and a notice that it is levied upon and by leaving a copy of such decision, order or
award, description, and notice with the occupant of the property, if there is any. When
the property has been brought under the operation of the land registration system, the
notice shall contain a reference to the number of the certificate of title and the volume
and page in the registration book where the certificate is registered. The register of
deeds must index levies filed under this paragraph in the name of both the prevailing
party and the losing party;
province or city, a copy of such decision, order or award, description and notice. When
the property has been brought under the operation of the land registration system, the
notice shall contain a reference to the number of the certificate of title and the volume
and page in the registration book where the certificate is registered. The register of
deeds must index levies filed under this paragraph in the name of the prevailing party,
the losing party and the person for whom the property is held or in whose name it
stands on the records. (3a)
SECTION 4. Effect of Levy. - The levy on execution shall create a lien in favor of
the prevailing party over" the right, title or interest of the losing party in such property at
the same time of the levy.
SECTION 5. Effect of Levy on Debts and Credits. - All persons having in their
possession or under their control any credit or other similar personal property belonging
to the party against whom levy is issued, or owing any debt to the latter, at the time of
service upon them a copy of the decision, order or award, and notice, shall be liable to
the prevailing party for the amount of such credits, debts or other property, until the levy
is discharged, or any judgment recovered by him is satisfied, unless such property is
delivered or transferred, or such debts are paid, to the sheriff or duly designated officer
of the National Labor Relations Commission.
SECTION 6. Effect of Refusal of Entry - Should the losina party. his agent
or representative refuse or prohibit the sheriff or his authorized representative
entry to the place where the property subject of execution is located or kept. the
Sheriff shall immediately submit a report to the Commission or Labor Arbiter who
issued the writ for their appropriate action. (n)
SECTION 7. Break Open Order; When Issued. - Should the losing party. his
agent or representative refuse or prohibit the sheriff or his authorized
representative entry to the place. where the property subject of execution is
located or kept, the prevailing party may file a motion for a break open order with
the Commission or Labor Arbiter concerned who. after due notice and hearing.
shall resolve the same. (n)
. SECTION 8. Request for Police Assistance.- The Secretary of Labor and
Employment, or the Commission, or any Labor Arbiter, in appropriate cases, may
deputize the Philippine National Police or any law enforcement agencies to assist in the
enforcement of final awards, orders or decisions.
The Sheriff, when warranted by the situation. may request from the
Commission or Labor Arbiter police assistance in the enforcement of 1 final
awards. orders. decisions. (Amended 4c, Rill)
SECTION 9. Enforcement of break Open Order. In the implementation of the
break-open order. whenever the circumstances warrant, the sheriff who may be
accompanied by police officerls authorized to render police assistance. may use
reasonable force necessary to repel any resistance. and thereafter. to proceed
entry in the place of the defiant losing party. where the properties subject of
execution are located. (n)
RULE VI
SALE OF PROPERTY ON EXECUTION
SECTION 1. Notice of Sale. - No sale of property on execution shall proceed
without notice of sale describing the property to be sold, its location, the date, time and
place of sale and terms and conditions thereof.
a) In case of perishable property, by posting written notice of the time and place
of the sale in three (3) public places in the municipality or city, where the sale is to take
place, for such time as the sheriff may deem reasonable, considering the character and
condition of the property;
b) In case of other personal property, by posting a similar notice in three (3)
public places in the municipality or city where the sale is to take place, for not less than
five (5) nor more than ten calendar (10) days;
. c) In case of real property, by posting a similar notice for twenty (20) calendar
days in the three (3) public places above-mentioned particularly describing the property
and stating where the property is to be sold, and if the assessed value of the property
exceeds fifty thousand pesos (P50,OOO.00), by publishing a copy of the notice once a
week for two (2) consecutive weeks, in one newspaper, whether in English, Filipino, or
any major regional language, published and circulated in the province or city or, in
the absence thereof, in a newspaper having general circulation;
d) In all cases, written notice of the sale shall be given to the losing party;
e) A Sheriff selling without the notice prescribed in the preceding sections shall
forfeit five thousand pesos (P5,OOO.00) to any party injured thereby, in addition to his
actual damages, both to be recovered in a single proper action; and a person willfully
removing or defacing the notice posted, if done before the sale, shall forfeit five
thousand pesos (P5,OOO.00)to any person injured by reason thereof, to be recovered in
any proper action.
An execution sale without the valid levy and notice of sale as herein provided is
null and void and vests no title in the purchaser. (1a)
SECTION 2. Satisfaction of Judgment Award Before Sale. At any time before
the sale of property on execution, the losing party may prevent the sale by paying the
judgment award and the costs that have been incurred in the execution: (2a)
SECTION 3. How Property Sold on Execution. - All sales of property under
execution must be made at public auction, to the highest bidder, to start at the exact
time fixed in the notice. After sufficient property has been sold to satisfy the execution,
no more shall be sold and any excess property or proceeds of the sale shall be promptly
delivered to the losing party or his authorized representative, unless otherwise directed
by the judgment or order of the Commission or Labor Arbiter
When the sale pertains to real property, consisting of several known lots, they
must be sold separately. When a portion of such real property is claimed by a third
person, the latter may require it to be sold separately.
When the sale pertains to personal property capable of manual delivery, it must
be sold within view of those attending the same and in such parcels as are likely to
bring the highest price. When such property consists of several known lots or parcels
which can be sold to advantage separately, the losing party, if present at the sale, may
direct the order which property, real or personal, shall be sold.
Neither the sheriff nor any authorized officer conducting the execution sale, can
become a purchaser, nor be interested directly or indirectly in any purchase at such
sale. (3a)
SECTION 4. CONDUCT OF AUCTION SALE - In the conduct of auction sale,
the Sheriff shall strictly follow the following procedure:
1. Submission of written bids of the bidders
2. Announcement of the highest written bid only
3. Inquiry from the bidders present on who intends to bid higher
4. Announcement of the winning bid
.
5. Payment of the full bid price by the winning bidder .
6. In case of failure to pay, auction sale shall be conducted anew, which shall
follow the same procedure, in relation with Rule VI, Section 6 in case of
personal property. Provided that in case of real property, republication
shall be made.
7. Issuance of certificate of sale to the winning bidder. (n)
SECTION 5. Refusal of Purchaser to Pay. - If a purchaser refuses to pay his/her
bid at the sale under execution, the sheriff may again sell the property to the highest
bidder and he/she shall not be responsible for any loss occasioned thereby. The
Commission or Labor Arbiter who issued the writ of execution may order the refusing
purchaser to pay the amount of such loss with costs and may punish him for contempt.
The amount of such payment shall be for the benefit of the person entitled to the
proceeds of the execution sale, unless the execution has been fully satisfied, in which
event, such proceeds shall be for the benefit of the losing party. When a purchaser
refuses to pay, the sheriff may thereafter reject any subsequent bid of such person. (4a)
SECTION 6. Prevailing Party as Purchaser. - When the purchaser is the
prevailing party, and no third party claim has been filed, he need not pay the amount of
the bid if it does not exceed the amount of the judgment. If it does, he shall pay only the
excess.
In no case shall a Special Power of Attorney be issued by the prevailing
party. (Sa)
SECTION 7. Adjournment of Sale. - By written consent of the prevailing party
losing party, the sheriff or authorized officer may adjourn any sale on execution to
date agreed upon in writing by the parties. Without such agreement, he may adjourn
sale from day to day, if it becomes necessary to do so for lack of time to complete
sale on the day fixed in the notice. (6a)
and
any
the
the
restored to his estate, and the person to whom the payment is made shall execute and
deliver to him a certificate of redemption acknowledged or approved before a notary
public or other officer authorized to take acknowledgments of conveyance of real
property. Such certificate must be filed by the losing party and recorded in the office of
the Register of Deeds of the province or city in which the property is situated, and the
Register of Deeds must note the record thereof on the margin of the record of the
certificate of sale.
The payments mentioned in this and the last preceding sections shall be paid to
the purchaser or redemptioner, or to the sheriff or duly designated officer who made the
sale, thereafter, the latter shall deposit said payment to the Cashier of the NLRC
for further disposition. (13a)
SECTION 16. Deed and Possession to be Given at Expiration of Redemption
Period. By Whom Executed or Given. - If no redemption be made within one (1) year
from the date of the registration of the Certificate of Sale, the purchaser, or his
assignee, is entitled to a conveyance and possession of the property. In the event
redemption is made with notice and sixty (60) days have elapsed, the last
redemptioner or his assignee, is entitled to the conveyance and possession of the
property so redeemed. In all cases, the losing party shall have the entire period of
one (1) year from date of the registration of the sale to redeem the property. The deed
shall be executed by the sheriff making the sale or by his successor in office, and in the
latter case, shall have the same validity as though the sheriff making the sale has
continued in office and executed it.
Upon the execution and delivery of said deed, the purchaser, or redemptioner, or his
assignee, shall be substituted to and acquire all the rights, title, interest and claim of the
losing party to the property as of the time of levy, except as against the losing party in
possession, in which case, the substitution shall be effective as of the date of the deed.
The possession of the property shall be given to the purchaser or last redemptioner by
the same sheriff unless a third party is actually holding the property adversely to the
losing party. (15a)
RULE VII
SHERIFF'S RETURN
SECTION 1. SHERIFF'S REPORT. - The Sheriff enforcing the writ of execution
shall submit not later than thirty (30) days from receipt of such writ, and every
thirty (30) days thereafter, a report updating the Commission or Labor Arbiter
who issued the writ of execution on the status of the enforcement thereof. The
Commission or Labor Arbiter when necessary, may issue an updated writ of
execution.
A copy of the report shall be furnished the Chairman
Labor Arbiter. (2a, RIX)
liable in case of
CLAUSE
SECTION 1. Effectivity. - This Manual shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.
SECTION 2. Repealing Clause. - The existing NLRC Manual on Execution of
Judgment
shall be deemed superseded upon the effectivity of this 2012 NLRC
SHERIFFS' MANUAL ON EXECUTION OF JUDGMENT. (2a)
Signed this 15th day of November 2012 at Quezon City, Philippines.
(On Leave)
L~
ALEX A. LOPEZ
pr~mmiSSioner
Presiding Commissioner
Presi
VIOLhA
presitg
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LON
{PERLITA
Presiding Commissioner
Commissioner
O. BA TUG
Commissioner
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B. VELASCO
Commissioner
....
TERESITA D. CASTILLON-LORA
Commissioner
~r0Ja~~
1lfC-Y
ERLINDA T. AGUS
GREGORIO O. BILOG
Commissioner
Commissioner
/~
ISABEL
LO C. ESPIRITU, JR.
Commissioner
(On Leave)
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MERC~~~~CAP
~~~ssioner
mmissioner
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(On Leave)
ROCULOT.S
JOSE G. GUTIERREZ
Commissio
Commissioner
Attested by:
ELEN/~CRUZ
Executive ClerK of Court IV